Let Us Review Your Case

Three Signs You Are the Victim of Age DiscriminationIBM is one of the largest tech companies in the country. However, former employees are accusing the company of using ageism as a strategy to keep the tech giant on top. A new wave of millennial hires is being utilized to give the company a fresh face. But older employees ...

Changes in California Workplace Sexual Harassment LawsOur blog two weeks ago discussed how you can spot workplace sexual harassment. However, you should also be aware that California enacted several new laws that can protect workers who are experiencing sexual harassment in the workplace. The following bills were recently ...

Five Possible Warning Signs of Workplace Sexual HarassmentThe #MeToo movement has become a national movement that has brought attention to sexual assault and sexual harassment. Instances of harassment or assault can occur just about anywhere—especially the workplace. In fact, the Equal Employment Opportunity Commission (EEOC) ...

Are Workers with Mental Illnesses Treated Unfairly by Employers?

Workers with mental illnesses may be reluctant to be upfront with their employers or colleagues. This is because workers with mental illnesses are more likely to be excluded socially, passed up for promotions and assignments, or even fired. In some cases, this may be considered disability discrimination.

The problem is that employees with mental illnesses have to be able to disclose their condition in some cases. Some mental illnesses may require special accommodations, such as time to make appointments with doctors. In other cases, employees might be unable to come into work on some days.

Mental Health and Workplace Disability Discrimination

Despite workers with mental illnesses having legal protections, employers have still run afoul of the law.

An article in the San Jose Mercury News interviewed several people who faced unfair treatment from current and potential employers. One person interviewed for the article claimed visits to her therapist led to her being fired. Other people interviewed claimed disclosing mental illnesses cost them promotions and jobs.

Mental illnesses can be like any other health condition, and many require workers to seek treatment or time away from work. Depending on the circumstances, if employers treat workers with mental illnesses differently, they be running afoul of California and federal laws.

Are Mental Illnesses Considered a Disability?

Some workers with mental illnesses may qualify as disabled. The Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) offer protections for disabled employees with mental illnesses.

Workers with mental illnesses who have faced wrongful termination, workplace harassment, or other negative actions from their employers should consult with an attorney to explore possible legal options.